AMALENDU PRESS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners in the present writ application, along with 19 other persons of concerns, including Respondents nos. 3. and 4 submitted tenders in response to an invitation for tender, issued by the Election Authority of the Calcutta Municipal Corporation, dated 6th July, 1984, for printing Electoral Rolls/amendments to the Electoral Rolls. . . . . . of the Calcutta Municipal Corporation. The printing was to be in respect of full page, half page and quarter page, and the rates were to be submitted in two sets with paper and without paper. Subsequently, the "without paper" rates were abandoned and we are not concerned with the same and, for our present purposes the rates for "with paper" printing alone are relevant. There were 21 tenderers, and after an examination of the several tenders, the tender submitted. by Respondent no' 3, who was the proprietor of a firm known as "quick Printers", has been accepted by the Election authority after some modification on 20th July, 1984

(2.) IT is the grievance of the petitioners that in accepting the tender of the Respondent no. 3, the Election Authority, has acted arbitrarily and in a discriminatory manner. The petitioners have also alleged mala fide and colourable exercise of power on the part of the Election authority and have prayed for writ of certiorari and Mandamus for recalling or rescinding this final order of acceptance and for quashing of the same.

(3.) THE application was initially moved ex parte when, after hearing the petitioners, I directed the service of the copy of the said application on the respondents and issued an interim order, limited upto 30th July, 1984, restraining the respondents, inter alia, from giving effect' to the final order or issuing work order in favour of the firm of Respondent no. 3. Upon notice' being served, the respondents nos. 2, 3, 5 and 6 have appeared through their respective Learned Lawyers and Respondent no. 1 being a formal party and not being a necessary party, and no relief having been prayed for against respondent no. 4, the notices on the said respondents nos. 1 and 4 were dispensed with, with the consent of the appearing parties, particularly, in view of the urgency of the matter and with the consent of the appearing- parties, I took up the application for final disposal.